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Judgments of Supreme Court of India and High Courts

Thippeswamy vs State Of Karnataka on 4 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3404/2018

BETWEEN:

THIPPESWAMY
S/O RANGAPPA
AGED ABOUT 35 YEARS
RESIDING AT SHYLAPURA VILLAGE
PAVAGADA TALUK
TUMAKURU DISTRICT-561 202 … PETITIONER

(BY SMT Y.RADHA FOR
SRI L.HARISH KUMAR, ADVOCATES)

AND:

STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001
THROUGH ARASIKERE POLICE STATION
PAVAGADA TALUK-561 202 … RESPONDENT

(BY SRI S.VISHWA MURTHY, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CRIME NO.47/2018 OF ARASIKERE POLICE STATION,
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TUMAKURU DISTRICT FOR THE OFFENCES P/U/Ss.323, 324,
341, 504, 506, 498A R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under section 438 of Cr.P.C., seeking

anticipatory bail in Crime No.47/2018 registered for the offences

punishable under sections 323, 324, 341, 504, 506, 498A read

with Section 34 of IPC.

2. Heard the learned counsel for the petitioner and the

learned HCGP. Learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

3. The FIR is registered based on the complaint lodged

by the wife of the petitioner alleging that, she married the

petitioner about 12 years back and she was holding a site in her

name. The petitioner and her in-laws namely., accused Nos.2 to

4, were pestering and harassing her to sell the said property.

Since the Complainant was not inclined to sell the said property,

she has been repeatedly subjected to ill-treatment and
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harassment by the petitioners. It is alleged that on 27.3.2018,

once again, the petitioner and his family members picked-up

quarrel with the Complainant and the petitioner caught hold of

her plait, assaulted her with a club and caused grievous injuries.

4. The Wound Certificate made available by the learned

HCGP indicates that during the occurrence, the Complainant has

suffered pain and tenderness over the lower 2/3 of the left

forearm. The said injury is certified as ‘simple in nature’. There

is nothing on record to indicate that the Complainant has

suffered grievous injuries. Moreover, the entire incident has

taken place in the matrimonial context.

5. Hence, the following order:-

Criminal petition is allowed. The petitioner is directed to

appear before the Investigating Officer within 15 days from the

date of this order and on his appearance, the Investigating

Officer shall interrogate the petitioner and shall enlarge him on

bail on the same day subject to the following conditions:-
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a) The petitioner shall furnish a bond for
Rs.1,00,000/- lakh (Rupees One lakh only) with
two sureties for the likesum to the satisfaction
of the Investigating Officer;

b) The petitioner shall appear before the
Investigating Officer as and when required;

c) The petitioner shall co-operate in the
investigation;

d) The petitioner shall not get involved in similar
offences; and

e) The petitioner shall not threaten or allure the
prosecution witnesses

Sd/-

JUDGE

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